In light of the circumstances revealed in the record, such as the background leading up to the crime, the behavior of the defendant at the time of the crime, and the circumstances after the crime, etc., it is difficult to view that the defendant was under the influence of alcohol so as to have lost or weak ability to discern things or make decisions, and therefore, it cannot be deemed that the judgment below did not recognize mental and physical disorder.

The argument that the defendant was in a state of mental disorder at the time of committing the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is a new one at the appellate court, and does not constitute a legitimate ground for appeal. Even if ex officio, it cannot be viewed that the defendant was in a state of mental disorder

In addition, the argument that the judgment of the court below did not consider the favorable circumstances for the defendant due to the failure to make an incomplete deliberation and the misconception of facts against the rules of evidence, and that the sentencing was erroneous. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where the court rendered a more minor sentence against the defendant

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.